TERMS AND CONDITIONS
OF USE OF THE SIBYLS WEBSITE, SERVICES AND PRODUCTS
(This is a legal contract)
PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE ACCESSING THIS WEBSITE.
- The Parties. The “Parties” to this Agreement are:
(a) The Sibyls, LLC, a New York limited liability company (hereinafter “The Sibyls”, “us”, “we”, or “our”), with an address at 111 Lefferts Pl, Brooklyn, New York 11238; and
(b) “You” (sometimes referred to as “your”), the user of the Website, or purchaser of any Services or Products of The Sibyls. Please be advised that when you register on the Website, we will record your name and date of your agreement to these Terms and Conditions.
- Legally Binding Agreement.
(a) BY USING THE SIBYLS’ WEBSITE, WWW.THESIBYLS.COM (herein sometimes called the “Website”), OR PURCHASING ANY OF OUR SERVICES OR PRODUCTS (herein sometimes called “Services” or “Products”), OR CLICKING “I AGREE” TO THESE TERMS AND CONDITIONS OF USE OF OUR WEBSITE, SERVICES AND PRODUCTS (HEREIN SOMETIMES CALLED THE “TERMS”, OR THIS “AGREEMENT”), YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
(b) IF YOU DO NOT AGREE TO ALL OF THIS AGREEMENT, THEN PLEASE CLICK “I DO NOT AGREE”, AND DO NOT ACCESS OR USE THE WEBSITE, OR PURCHASE ANY SERVICES OR PRODUCTS.
- Additional Products or Services, Changes. These Terms apply to our Website, content posted on our Website, Products and Services currently available on our Website, and to any Products or Services added to our Website in the future. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on our Website. It is your responsibility to check our Website periodically to view changes to the Terms. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes.
- Users, Age, Parental Consent.
(a) These Terms apply to all users (registered or not) of our Website, content posted on our Website, our Products and Services. If you do not agree to these Terms, do not use our Website.
(b) By using our Website, you represent that you are at least the age of majority in your state or province of residence. You also are giving us your consent to permit any of your dependents who are minors to use our Website.
(c) If you register on our Website, we will ask you to provide your email address and a unique username. We will also ask you to create a password. It is your responsibility to keep your username and password confidential because you are legally responsible for anything done by someone who logs onto our Website with your username and password. You may not transfer or share your account with anyone else. You agree and understand that we are not responsible if anyone other than yourself accesses your account. You must notify us immediately if you believe that someone has used your account without your permission.
(d) You agree:
(1) that all information you give us is factual, correct, current, and complete – whether to register on our Website, or otherwise;
(2) to maintain and promptly update your registration and profile information on our Website to maintain accuracy and completeness at all times;
(3) not to upload, or post any information to our Website without our express written permission;
(4) not to interfere with or disrupt the ability of others to use our Website or content posted on our Website;
(5) not to take any action with respect to our Website, or content posted on our Website, that is, or appears to be, a violation of any local, state, U.S. Federal, or foreign law or regulations, including without limitation the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/ sanctions/Programs/Pages/Programs.aspx), or any any law restricting the import or export of information or technology; and
(6) that you represent and warrant to us that you are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- Intellectual Property Rights, Copyrighted Material, Illegal Use Not Authorized.
(a) You may not use this Website, any content posted on our Website, or any of our Products or Services for any illegal or unauthorized purpose.
(b) This Website, the content posted on this Website, our Products and Services contain proprietary intellectual property, and property protected by copyrights and trademarks (sometimes referred to as “Protected Content”. You may not use, reproduce, copy, modify, publish, republish, transmit, reverse engineer, participate in the transfer or sale of, resell, create derivative works, or in any way exploit our Website, any content posted on our Website, our Products or Services, in whole or in part without our express written permission.
(c) Use of our Website, whether or not you register, does not entitle you or any user to make any unauthorized use of any Protected Content. You agree not to delete or alter any proprietary rights or attribution notices on our Website, or in any content posted on our Website. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission, and the express written permission of the copyright owner (if someone other than us). You agree that you do not acquire any ownership rights in any protected content.
(d) By your use of our Website, content posted on our Website, our Products or Services, we do not grant you any licenses, express or implied, to our intellectual property, or that of our licensors, or the creator of any content posted on our Website, except as expressly authorized by these Terms.
(e) Our acceptance of your registration on our Website, or agreement to your purchase of any of our Products or Services, is effective as our limited authorization for you to use our Website, content posted on our Website, our Products, or Services solely for your personal use and does not constitute permission to re-sell, or re-use any such information or materials for any purpose that may be injurious to us, or our reputation, or to reverse engineer any of our Products. You must not transmit any worms, viruses, or malicious or destructive code to our Website.
- Access to and Use of Our Website, Your Account.
(a) You agree that we have at least the following rights:
(1) To restrict, suspend, or terminate your access to any part or all of our Website;
(2) To change, suspend, or discontinue any of our Products or Services;
(3) To refuse to move, or remove any content on our Website;
(4) To deactivate or delete any account;
(5) To establish or modify Terms and Conditions for use of our Website; and
(6) To access, preserve or disclose your account information and content if requested so to do by law or apparent legal authority, or we believe in good faith that such action is reasonably necessary for:
(A) compliance with any legal process;
(B) response to a claim that content contained therein is in violation of the rights of a third party;
(C) response to a request for customer service; or
(D) to protect the rights, property, or personal safety of us, or anyone affiliated with us, visitors, or users of our Website, or the general public.
(b) You understand and agree that our Website may include communications such as service announcements and administrative or legal notices from us. You cannot opt out of receiving these notices.
- Waiver and General Release.
(a) You agree that you are knowingly and voluntarily entering into this Waiver and General Release of Liability. For yourself, your heirs, and personal representatives you waive any and all rights, claims, or causes of action of any kind arising out of or in connection with your use of our Website, or our Products or Services;
(b) You agree that we are not responsible for any errors or omissions in any content posted on our Website, or any loss or damage of any kind incurred as a result of the use of any content posted or made available on our Website, or through any link on our Website, unless we have posted such content, or link, knowing it to be false and potentially injurious to you or others.
(c) You agree that you will not sue us or any of our members, owners, officers, directors, employees, contractors, heirs, personal representatives, successors or assigns, regarding, or in connection with your use of our Website, Products, or Services, or any of the content posted on our Website; and
(d) By accepting the Terms, or use of our Website, or content posted on our Website, you release and forever discharge us and our members, owners, officers, directors, employees, contractors, heirs, personal representatives, successors and assigns for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economic or emotional loss to your person or property.
- Privacy, Personally Identifiable Information. We respect your right to privacy. We agree that we will not disclose your personally identifiable information to anyone that does not have a need to know this information in order to enable you to register on or use our Website, any content posted on our Website, or to purchase or use any of our Products or Services. We will not sell your personally identifiable information.
- User Feedback. We may provide an area on our Website for users to provide feedback. When you submit feedback on our Website, the ideas, suggestions, and other information you submit to us are not confidential or proprietary. You agree that:
(a) we are not liable to you, or anyone else, or under any obligation to ensure or maintain the confidentiality of any such information you submit to us, through our user feedback mechanism, or otherwise;
(b) we are entitled to make use of, or to disclose any of your said information in any way that we see fit;
(c) all information you submit to us becomes our property without any obligation to compensate you for said information in any manner whatsoever.
- Disclaimer of Warranties.
(a) The content on or linked to our Website is provided on an “as-is” or “as available” basis. You acknowledge and agree that your use of our Website, any content posted on or linked to our Website, and any of our Products and Services is voluntary on your part, and at your own risk.
(b) WE AND OUR MEMBERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS MAKE NO WARRANTIES REGARDING USE OF THE CONTENT ON OR LINKED TO OUR WEBSITE, PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, NO WARRANTY THAT:
(1) INFORMATION, PRODUCTS OR SERVICES POSTED ON OR LINKED TO OUR WEBSITE WILL MEET YOUR REQUIREMENTS;
(2) INFORMATION, PRODUCTS OR SERVICES POSTED ON OR LINKED TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
(3) RESULTS OBTAINED FROM THE USE OF INFORMATION, PRODUCTS, OR SERVICES POSTED ON OR LINKED TO OUR WEBSITE WILL BE ACCURATE OR RELIABLE;
(4) THE QUALITY OF INFORMATION, PRODUCTS, OR SERVICES POSTED ON OR LINKED TO OUR WEBSITE WILL MEET YOUR EXPECTATIONS; OR
(5) THAT ERRORS IN INFORMATION, PRODUCTS, OR SERVICES POSTED ON OR LINKED TO OUR WEBSITE WILL BE CORRECTED
(c) WE AND OUR MEMBERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
- Limitation of Liability. For yourself, your heirs, and personal representatives, successors and assigns, you agree that neither we, nor our members, owners, officers, directors, employees, contractors, heirs, personal representatives, successors or assigns shall not be liable for any punitive, indirect, special, incidental, consequential, or exemplary damages arising out of or in connection with your use of or inability to use any information posted on or linked to our Website, or any of our Products or Services. In no case shall our liability or the liability of our members, owners, officers, directors, employees, contractors, heirs, personal representatives, successors or assigns exceed the amount of money you paid to us for use of our Website, content posted on or linked to from our Website, or our Products or Services.
(a) We may give you notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Website, or other reasonable means currently known or any which may be herein after developed.
(b) You may send notices to us by email addressed to firstname.lastname@example.org.
- Entire Agreement, Written Modification. This Agreement is the complete agreement between us regarding the subject matter stated in this Agreement. None of the Terms may be altered or varied, except in writing posted by us on our Website.
- Choice of Law, Forum, Limitation of Actions.
(a) This Agreement is made in the State of New York. It shall be administered and construed in accordance with the laws of New York, except for the conflicts of law principles of New York. You agree to the jurisdiction of any New York State Court or Federal Court located in or having jurisdiction over Kings County, New York.
(b) You agree that any claims, causes of action, or disputes arising out of or in connection with this Agreement, information posted on or linked to our Website, our Products or Services shall be filed in an aforesaid New York, or Federal Court having jurisdiction over the subject matter thereof.
(c) Notwithstanding any statute of limitations, or rule of law to the contrary, you agree that any claim or action arising out of or related to the use of our Website, information posted on or linked to our Website, our Products or Services, or this Agreement must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
- Waiver, Severability. If in a given instance we waive, fail to enforce, or fail to exercise any provision, or any of our rights under this Agreement, such waiver, or failure shall not constitute our waiver of any provision of or our rights under this Agreement in any other instance. If a provision of this Agreement is found to be invalid by a Court of competent jurisdiction, this Agreement shall be administered and construed without regard to said provision, and all other provisions of this Agreement shall remain in full force and effect.
- No Assignment. You may not assign any of your rights under this Agreement. Any rights you may have under this Agreement shall terminate immediately upon your death, or cancellation by us.
- Errors, Inaccuracies, Omissions. The information posted on or linked to our Website, our Products and Services, though believed to be accurate is subject to errors and omissions.
This Agreement, constitutes the Terms and Conditions pertaining to use the Website of The Sibyls, LLC, a New York limited liability company (the “Company”), the information posted on or linked to said Website, and the Products and Services of the Company, effective May 28, 2020. This Agreement supersedes all prior versions of said Terms and Conditions.